Does the Juvenile Court have the power to issue restraining orders under section 213.5 of the Family Code?

California, United States of America


The following excerpt is from Orange Cnty. Soc. Servs. Agency v. Elizabeth C. (In re Clarissa R.), G048455 (Cal. App. 2014):

Nothing in either subdivision mandates that a juvenile court must or shall utilize them to the exclusion of its inherent power to issue orders protecting a parent or child. To the contrary, the use of the word "may" in both subdivisions indicates their application is permissive, not mandatory. (Montgomery v. Superior Court (1975) 46 Cal.App.3d 657, 666-667.) The court duly considered mother's request for a restraining order under section 213.5 and Family Code section 6345, but denied it after concluding she did not demonstrate the necessary requirements. That does not mean it was thereafter precluded from using its inherent power to "'ensure the orderly administration of justice'" or "prevent abuses that could undermine the proper administration of justice" by issuing the stay-away order. (In re M.B., supra, 201 Cal.App.4th at p. 1064.)

Page 11

Other Questions


Is a restraining order issued pursuant to certain sections of the Family Code, Code of Civil Procedure or Welfare and Institutions Code valid? (California, United States of America)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
If a restraining order is renewed automatically, is the mere issuance of the original restraining order sufficient to trigger the renewal of the restraining order? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts considered section 954 of the Criminal Code when sentencing a defendant under section 654 under Section 654? (California, United States of America)
Does section 11362.5 of the California Criminal Code (i.e. a modified order) contain the "requirements of [section 11362] 113625" in the modifying order? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.